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What are our rights with regards to viewings on rental property we are about to leave?

14 replies

lovemakespeace · 14/10/2014 19:48

Grateful for advice....my friends are soon to leave their rental property and so as expected there new prospective tenants needing to look around. The issue is they are being expected to accomodate loads and loads of different viewings and often at inconvenient times (they have a young family).

They have been told that they have less rights as tenants because they have given notice on the property.

Does anyone know what their rights are? Could they give a couple set days / times that groups of people could come around?

Many thanks

OP posts:
WD41 · 14/10/2014 19:57

As far as I'm aware the landlord / lettings agency just has to give 24 hours notice for a viewing

lotsofcheese · 14/10/2014 20:01

Your friends should check their contract. I have it written into my tenants contract that they must allow viewings on 1-2 evenings a week & 1 at weekend. I try to arrange block viewings & do not expect the tenants to be present. If your friends let through an agency then perhaps the agency can do some viewings while they are out?

mausmaus · 14/10/2014 20:01

they do not have to let anyone into their home if they don't want to.
no matter what the contract says in that regard.
the landlord cannot deduct anything from the deposit for that either.

the magic words are quiet enjoyment.

lovemakespeace · 14/10/2014 20:05

How does it work though Mausmaus? So could they technically not allow any viewings at all?

OP posts:
lovemakespeace · 14/10/2014 20:06

And also is it your home until the tenancy comes to an end even if you have given notice?

Thanks for your help all of you.

OP posts:
OldLadyKnowsSomething · 14/10/2014 20:07

Agree with mausmaus. They may have been given notice, but they are still paying rent and are entitled to quiet enjoyment of their home until the moment they move out and hand back the keys. That's the law, regardless of what the LL may have written into the rental contract.

It would be reasonable of them to give set days/times for viewings, but if the LL is being wanky about it they would be quite within their rights to refuse all viewings.

As a tenant, I would hate the thought of a stranger showing strangers round my home when I'm not in! What if my property were to be stolen?

mausmaus · 14/10/2014 20:07

yes, they could just say no. if the landlord enters anyway it's tresspassing.

insancerre · 14/10/2014 20:07

Legally they can refuse all viewings and the landlord can't insist

Mintyy · 14/10/2014 20:10

Unless there is something very unusual in their Tenancy Agreement, then WD41 is quite wrong.

Your friends can refuse viewings at any time that is inconvenient to them. They can refuse viewings altogether if they have a mind to. And this will have no bearing whatsoever on their deposit.

TooMuchCantBreathe · 14/10/2014 20:13

The rights given in the tenancy continue until the tenancy ends not until notice is given. They have exactly the same rights they always did. If they want to be reasonable they can offer to accommodate viewings at certain times eg one evening between 6 and 8 and Saturdays from 10 to 4 or whatever works but they are quite within their rights to refuse full stop.

GertyD · 14/10/2014 20:15

When you rent your home, you have possession of it. The landlord may own the bricks and mortar, but you own the physical space within. You don't have to let anyone in to view, no matter what some landlord thinks they can write into your tenancy agreement. It is not an enforceable clause. What are they going to do? Evict you? Grin
They also cannot withhold any of the deposit if you refuse viewings.
If a landlord or their agent, enters without your consent, that is trespass and should be treated as such.
I don't want to discuss what I do for a living, but this is a speciality of mine.

lovemakespeace · 14/10/2014 20:18

Thanks all - seems pretty clear. This guy is a joker of a landlord. I will tell my friend.

OP posts:
HaveToWearHeels · 14/10/2014 20:53

Doesn't matter what is in the agreement or how much notice they give, the tenant has not obligation to let anyone in to look around.
We never re market a property until it is vacant.

specialsubject · 15/10/2014 11:03

to reiterate:

no-one can come in without notice and permission unless it is an emergency. (same as if you own the place) A viewing is not an emergency. There is no set period for notice of visits but it doesn't matter, they don't happen without the permission of the tenant. End of.

these rights do not change once in the end-of-tenancy notice period. That is nonsense. End of.

the deposit is only for use in case of damage (not wear and tear) and must be in a protected scheme.

so your friend can refuse all viewings, or can be helpful and say 'viewings at this time only'. And no, it is not for the tenant to do the viewings and they don't have to make any preparation or be out of the house.

be an informed tenant!

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